83R1647 NC-D
 
  By: Hernandez Luna, Lozano, H.B. No. 502
      Sheffield of Bell, Miller of Fort Bend,
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the practice of dentistry.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 251.003, Occupations Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  For purposes of this subtitle, a person practices
  dentistry if the person:
               (1)  represents to the public that the person is a
  dentist or dental surgeon or uses or permits to be used for the
  person or another person the title of "Doctor," "Dr.," "Doctor of
  Dental Surgery," "D.D.S.," "Doctor of Dental Medicine," "D.M.D.,"
  or another description, including the use of the terms "denturist"
  or "denturism," that, directly or indirectly, represents that the
  person is able to:
                     (A)  diagnose, treat, or remove stains or
  concretions from human teeth; or
                     (B)  provide surgical and adjunctive treatment
  for a disease, pain, injury, deficiency, deformity, or physical
  condition of the human teeth, oral cavity, alveolar process, gums,
  jaws, or directly related and adjacent masticatory structures;
               (2)  performs or offers to perform by any means the:
                     (A)  cleaning of human teeth;
                     (B)  removal of stains, concretions, or deposits
  from teeth in the human mouth; or
                     (C)  diagnosis, treatment, operation, or
  prescription for a disease, pain, injury, deficiency, deformity, or
  physical condition of the human teeth, oral cavity, alveolar
  process, gums, or jaws;
               (3)  prescribes, makes, or causes to be made or offers
  to prescribe, make, or cause to be made by any means an impression
  of any portion of the human mouth, teeth, gums, or jaws:
                     (A)  to diagnose, prescribe, or treat, or aid in
  the diagnosis, prescription, or treatment, of a physical condition
  of the human mouth, teeth, gums, or jaws; or
                     (B)  to construct or aid in the construction of a
  dental appliance, denture, dental bridge, false teeth, dental plate
  of false teeth, or another substitute for human teeth;
               (4)  owns, maintains, or operates an office or place of
  business in which the person employs or engages under any type of
  contract another person to practice dentistry;
               (5)  fits, adjusts, repairs, or substitutes or offers
  to fit, adjust, repair, or substitute in the human mouth or directly
  related and adjacent masticatory structures a dental appliance,
  structure, prosthesis, or denture;
               (6)  aids in the fitting, adjusting, repairing, or
  substituting or causes to be fitted, adjusted, repaired, or
  substituted in the human mouth or directly related and adjacent
  masticatory structures a dental appliance, structure, prosthesis,
  or denture;
               (7)  without a written prescription or work order
  signed by a dentist legally practicing dentistry in this state or in
  the jurisdiction in which the dentist maintains the dentist's
  office:
                     (A)  makes, processes, reproduces, repairs, or
  relines a full or partial denture, fixed or removable dental bridge
  or appliance, dental plate of false teeth, artificial dental
  restoration, or a substitute or corrective device or appliance for
  the human teeth, gums, jaws, mouth, alveolar process, or any part
  for another; or
                     (B)  offers, undertakes, aids, abets, or causes
  another person to engage in an activity described by Paragraph (A);
               (8)  directly or indirectly offers, undertakes, or
  causes another to perform for any person an act, service, or part of
  an act or service in the practice of dentistry, including:
                     (A)  inducing, administering, prescribing, or
  dispensing anesthesia or an anesthetic drug, medicine, or an agent
  in any way related to the practice of dentistry;
                     (B)  permitting or allowing another to use the
  person's license or certificate to practice dentistry in this
  state; or
                     (C)  aiding or abetting the practice of dentistry
  by a person not licensed by the board to practice dentistry;
               (9)  controls, influences, attempts to control or
  influence, or otherwise interferes with the exercise of a dentist's
  independent professional judgment regarding the diagnosis or
  treatment of a dental disease, disorder, or physical condition;
  [or]
               (10)  represents that the person is a denturist or uses
  another title that is intended to convey to the public that the
  services offered by the person are included within the practice of
  dentistry; or
               (11)  provides or performs, or offers to provide or
  perform, a teeth whitening treatment or a product or service
  related to a teeth whitening treatment.
         (d)  In this section, "teeth whitening treatment" means a
  chemical or other material, tool, product, service, or procedure
  intended to whiten human teeth. The term does not include a product
  sold over the counter to an ultimate consumer.
         SECTION 2.  This Act takes effect September 1, 2013.